E2 Visas

An E2 visa is a non-immigrant visa reserved for investors from countries
that have commerce and navigation treaties or bi-lateral investment
treaties with the United States who have invested substantial capital in a
U.S. company and who wish to come to the United States to develop and
direct business operations of the enterprise.

Who Is Eligible For An E2 Visa

# Alien investors whose home country maintains a treaty of commerce and
navigation or bi-lateral investment with the United States
# Who have made a "substantial investment" (normally at least $25,000 or
more) in a U.S. business
# The business is 50 percent owned by citizens of that treaty country
# Who intend to come to the United States to direct the operations of the
enterprise in a capacity that is either executive, supervisory, or
involves specialized skills
# Who possess means of support independent of the enterprise.

What constitutes a "substantial investment" that would justify the grant
of an E-2 visa?

While there is no particular dollar amount specified under the law, the
investment must amount to more than 50 percent ownership in an enterprise
that generates active income, rather than passive income, such as that
derived from rental properties. In practice, some immigration lawyers
believe that a minimum of $25,000 is necessary, however. In short, the
investment must be substantial in relation to the total amount invested in
the enterprise.

E-2 visa applicants can bolster their case by demonstrating that jobs for
U.S. workers would be created through the investment.

Must the alien invest his or her own money to be eligible for an E-2 visa?

They usually do. However, under some circumstances, an E-2 visa recipient
may be an employee of a foreign company that qualifies as a treaty
investor. But the employee must come to the United States in an executive
or supervisory capacity to direct the enterprise or possess a specialized
skill needed by the enterprise.

May an E-2 visa holder be accompanied to the United States by his or her
spouse and children?

Yes. The spouse and unmarried, minor children of an E-2 visa holder may
accompany him or her to the United States on E-2 visas as well. This visa,
however, does not automatically grant the spouse and children the right to
work in the United States.

May an E-2 visa holder apply for permanent residency in the United States?

Yes. Like other non-immigrant visas, such as the H1-B for alien
professionals, an E-2 visa entitles its holder to apply for permanent
residency.

How Long Are E-2 Visas Valid?

Two years. E-2 visas are renewable for an indefinite period, as long as
the visa holder continues in the same capacity and the business is
actively engaged in trade or services.

Countries that Maintain Treaties of Navigation and Commerce with the
United States for E-2 Visa Purposes

Obtaining a non-immigrant visa can be a complicated process and may not
always end with the desired result. While it is possible to obtain such
visas successfully on your own, you may wish to save time and effort by
hiring a qualified and experienced immigration lawyer. Our Find-a-Lawyer
feature can put you in touch with an experienced attorney right now.

Family-based Green Cards

You can become a lawful permanent resident based on the fact that you have
a relative who is a citizen of the United States. The Immigration and
Nationality Act allows for the immigration of foreigners to the United
States based on relationship to a U.S. citizen or legal permanent
resident.

Family-based immigration falls under two basic categories: unlimited and
limited. Unlimited family-based immigrants are immediate relatives. The
INS defines an "immediate relative" for U.S. citizens as parents, spouses,
widows and children. For a lawful permanent resident (green card holder),
an "immediate relative" is defined as your spouse and unmarried minor
children. The immediate relatives of U.S. citizens do not have to wait for
an immigrant visa number to become available once the I-130 Petition for
an Alien Relative is filed for them and approved by the INS. An immigrant
visa number will be immediately available for immediate relatives of U.S.
citizens and lawful permanent relatives.

Preference System
Limited family-based relatives fall under the following preference
system:

Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens, and their children, if any. (23,400 per year + unused from
fourth preference)

Family Second Preference (F2): Spouses, minor children, and unmarried sons
and daughters (over age 20) of lawful permanent residents. (114,200 per
year + unused visas from first preference) At least 77 percent of all
visas available for this category will go to the spouses and children; the
remainder will be allocated to unmarried sons and daughters.

Family Third Preference (F3): Married sons and daughters of U.S. citizens,
and their spouses and children. (923,400 per year + unused visas from
first and second preference)

Family Fourth Preference (F4): Brothers and sisters of United States
citizens, and their spouses and children, provided the U.S. citizens are
at least 21 years of age. (65,000 per year + unused visas from first,
second and third preference)

Eligibility:If you are a U.S. citizen you may petition for the following foreign
national relatives to immigrate to the United States; however you must be
able to provide proof of the relationships:
* Husband or wife;
* Unmarried child under 21 years old;
* Unmarried son or daughter over 21;
* Married son or daughter of any age;
* Brother or sister if you are at least 21 years old;
* Parent, if you are at least 21 years old.

If you are a lawful permanent resident you may file this form for:
* Your husband or wife
* Your unmarried child.How Do I Apply?
U.S. citizen files the following items with the INS:

Once INS receives your packet of information, it will be approved or
denied. Once the petition is approved, they will send the petitioner a
notice of approval, form I-797. INS will also forward the approved
petition to the Immigrant Visa Processing Center, which will contact the
intending immigrant with further information.

Numerical Limitations
Whenever there are more qualified applicants for a category than there are
available numbers, the category will be considered oversubscribed, and
immigrant visas will be issued in the chronological order in which the
petitions were filed until the numerical limit for the category is
reached. The filing date of a petition becomes the applicant's priority
date. Immigrant visas cannot be issued until an applicant's priority date
is reached. In certain heavily oversubscribed categories, there may be a
waiting period of several years before a priority date is reached. Check
the State Department's Visa Bulletin for the latest priority dates.

Obtaining an immigrant visa can be a complicated process and may not
always end with the desired result. While it is possible to obtain such
visas successfully on your own, you may wish to save time and effort by
hiring a qualified and experienced immigration lawyer. Our Find-a-Lawyer
feature can put you in touch with an experienced attorney right now.

Immigration Laws in India:
Immigration Laws, provisions under the Constitution of India, The
Immigrants (Expulsion from Assam) Act, The Immigration (Carriers'
liability) Act, 2000 and the complete procedure to be followed for
immigration into India.

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